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Madras High CourtCRL OP(MD)/19523/2018ordered

Mohamed Badhusha v. The Inspector Of Police

2018-10-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19523 of 2018 1 MOHAMED BADHUSHA 2 N.SYED KHAN 3 S.SAIBUNISHA BEGUM 4 S.JESIMA BEGUM ... PETITIONERS 1 TO 4 / ACCUSED A1 TO A4 Vs STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY CITY.

CRIME NO.28 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.S.A.S.ALAUDEEN Advocate For Respondent : Mrs.M.ANANTHA DEVI, Government Advocate (Crl.Side) For Intervenor : MR.S.RAMAKRISHNAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498 (A), 406, and 506(i) of I.P.C., in Crime No.28 of 2018 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the 1st petitioner is the husband of the defacto complainant and others are her in-laws and they are demanding more dowry from the defacto complainant for rejoin the matrimonial life with her husband and abused the defacto complainant by breach of trust and threatening with dire consequences and treated her by cruelty . Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are an innocent persons and they have been falsely implicated in this case.

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4.The learned Government Advocate (criminal side) would submit that it is a matrimonial dispute and the investigation is pending. 5.Heard the learned counsel appearing for the intervener also. 6.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional Mahila Judge (Magistrate Level), Trichy City and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 31/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL MAHILA JUDGE (MAGISTRATE LEVEL), TRICHY CITY.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY CITY.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.RAMAKRISHNAN, Advocate SR.No. 20875

ORDER

IN CRL OP(MD) No.19523 of 2018 Date :31/10/2018 JM/VR MMS/SAR 2/08.11.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/